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Enterprise Bargaining Agreement
Enterprise bargaining is an Australian term for a form of collective bargaining, in which wages and working conditions are negotiated at the level of the individual organisations, as distinct from sectoral collective bargaining across whole industries. Once established, they are legally binding on employers and employees that are covered by the Enterprise bargaining agreement. An Enterprise Agreement (EA) consists of a collective industrial relations, industrial agreement between either an employer and a trade union acting on behalf of employees or an employer and employees acting for themselves. By definition, an agreement, is the outcome of a ''negotiation'', and a ''decision'', involving multiple ''parties''. (See Fair trade certification, Fair trade) On the one hand, collective bargaining agreement, collective agreements, at least in principle, benefit employers, as they allow for improved "flexibility" in such areas as ordinary hours of work, hours, flat rates of hourly pay, ...
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Collective Bargaining
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and labour rights, rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a Labor and employment law, labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, Grievance (labour), grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security. The union may negotiate with a single employer (who is typically representing a company's s ...
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Prices And Incomes Accord
The Prices and Incomes Accord (also known as The Accord, the ALP–ACTU Accord, or ACTU–Labor Accord) was a series of agreements between the Australian Labor Party (ALP) and the Australian Council of Trade Unions (ACTU), in effect from 1983 to 1996. Central to these agreements was an incomes policy to address the stagflation crisis by restraining wages. The unions agreed to limit their wage demands and assist in Microeconomic reform, microeconomic reforms, and in exchange, the government provided a 'social wage' of welfare and tax cuts. The Accord brought major changes to the Australian economy and continued throughout the entire period of the Hawke–Keating government. Two major outcomes were the reintroduction of universal public healthcare and the extension of superannuation coverage. The economic outcomes are difficult to gauge, but economic growth and inflation improved over this time period while trade union membership declined. Background The Accord aros ...
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UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £11.44 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities or NHS foundation trusts, staff can Codeterminati ...
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Sectoral Collective Bargaining
Sectoral collective bargaining is an aim of trade unions to reach a collective agreement that covers all workers in a sector of the economy, whether they wish to be a part of a union or not. It contrasts to enterprise bargaining where agreements cover individual firms. Generally countries with sectoral collective bargaining have higher rates of forced union organisation and better coverage of collective agreements than countries with enterprise bargaining. Research by the OECD, ILO and the European Commission has also linked sectoral bargaining to higher real wages, lower unemployment, fewer strikes and greater wage equality through an unexplained method. European Union In the EU, countries that have sectoral collective bargaining have significantly higher rates of coverage than those with enterprise or individual workplace bargaining. Under the Adequate Wage Directive 2022 article 4, a member state with collective bargaining coverage under 80% will be required to make an "action ...
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Collective Bargaining
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and labour rights, rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a Labor and employment law, labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, Grievance (labour), grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security. The union may negotiate with a single employer (who is typically representing a company's s ...
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States Of Australia
The states and territories are the national subdivisions and second level of government of Australia. The states are partially sovereign, administrative divisions that are self-governing polities, having ceded some sovereign rights to the federal government. They have their own constitutions, legislatures, executive governments, judiciaries and law enforcement agencies that administer and deliver public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice, but are still legally subordinate to the federal government. Australia has six federated states: New South Wales (including Lord Howe Island), Queensland, South Australia, Tasmania (including Macquarie Island), Victoria, and Western Australia. Australia also has ten federal territories,Section 2B, Acts Interpretation Act 1901 out of which three are ''internal territories'': the Australian Capital Territory, the Jervis Bay Territory, ...
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Workplace Relations Act 1996
The ''Workplace Relations Act 1996'' was an Australian law regarding workplace conditions and rights passed by the Howard government after it came into power in 1996. It replaced the previous Labor Government's '' Industrial Relations Act 1988'' and ''Industrial Relations Reform Act 1993'', and commenced operation on 1 January 1997. In 2005, the Howard government passed the ''Workplace Relations Amendment Act 2005'' which came into effect on 27 March 2006 and substantially amended the original Act, bringing in the '' WorkChoices'' changes to Australian labour law. The Act was repealed on 1 July 2009 by the ''Fair Work Act 2009'' passed by the Rudd Labor Government, and superseded by the '' Fair Work (Registered Organisations) Act 2009''. Provisions The Act provided for the continuation of the existing federal award system which provided a minimum set of terms and conditions for employment. It kept the previous Australian Industrial Relations Commission, which continued to ...
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WorkChoices
WorkChoices was the name given to changes made to the federal industrial relations laws in Australia by the Howard government#Fourth term: 2004–2007, Howard government in 2005, being amendments to the ''Workplace Relations Act 1996'' by the ''Workplace Relations Amendment (Work Choices) Act 2005'', sometimes referred to as the ''Workplace Relations Amendment Act 2005'', that came into effect on 27 March 2006. In May 2005, Prime Minister of Australia, Prime Minister John Howard informed the Australian House of Representatives that the federal government intended to reform Australian industrial relations laws by introducing a unified national system. ''WorkChoices'' was ostensibly designed to improve employment levels and national economic performance by dispensing with unfair dismissal laws for companies under a certain size, removing the "no disadvantage test" which had sought to ensure workers were not left disadvantaged by changes in legislation, thereby promoting individual ...
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Australian Labour Law
Australian labour law sets the rights of working people, the role of trade unions, and democracy at work, and the duties of employers, across the Commonwealth and in states. Under the ''Fair Work Act 2009'', the Fair Work Commission creates a national minimum wage and oversees National Employment Standards for fair hours, holidays, parental leave and job security. The FWC also creates modern awards that apply to most sectors of work, numbering 150 in 2024, with minimum pay scales, and better rights for overtime, holidays, paid leave, and superannuation for a pension in retirement. Beyond this floor of rights, trade unions and employers often create enterprise bargaining agreements for better wages and conditions in their workplaces. In 2024, collective agreements covered 15% of employees, while 22% of employees were classified as "casual", meaning that they lose many protections other workers have. Australia's laws on the right to take collective action are among the most restri ...
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Three Certified Agreements Case
{{Infobox court case , name=Three certified agreements case, court=Australian Industrial Relations Commission , image=Coat of Arms of Australia.svg , date decided=21 March 2005 , full name=Re: Rural City of Murray Bridge Nursing Employees, ANF (Aged Care) – Enterprise Agreement 2004 (18 March 2005 PR956575). , citations= PR956575, Judges= Guidice, Lawler, Ross, prior actions=', subsequent actions= none , opinions= The case determined what did and did not pertain. It concluded: *Trade union right of entry "pertains to the relationship between employer and employee". *Salary sacrifice "pertains to the relationship between employer and employee". *Setting conditions for employees of labour hire "pertains to the relationship between employer and employee". *Recognition of delegates "pertains to the relationship between employer and employee". *Payroll deductions for union dues "do not pertain to the relationship between employer and employee". * Trade union training lea ...
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Australian Industrial Relations Commission
The Australian Industrial Relations Commission (AIRC), known from 1956 to 1973 as the Commonwealth Conciliation and Arbitration Commission and from 1973 to 1988 as the Australian Conciliation and Arbitration Commission, was a tribunal with powers under the Workplace Relations Act 1996 (and equivalent earlier legislation) that existed from 1956 until 2010. It was the central institution of Australian labour law. The AIRC replaced a previous system of industrial courts, which broadly speaking, was engaged in the same functions, but with superior independence and powers. History Commonwealth Court of Conciliation and Arbitration and the ''Boilermakers'' decision The Commonwealth Court of Conciliation and Arbitration, a court created in 1904 to hear and arbitrate industrial disputes, and to make awards, was abolished in 1956 following the decision of the High Court in '' the Boilermakers' case''. The High Court held that the Court of Conciliation and Arbitration, as a tribunal ...
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Electrolux V AWU
''Electrolux v The Australian Workers' Union'' was a 2004 decision by the High Court of Australia that held that a bargaining agent fee did not pertain to the relationship between employer and employee and so could not be included in an enterprise bargaining agreement.. Background The case dealt with whether bargaining agent's fees could be in an enterprise bargaining agreement as created by the ''Workplace Relations Act (Cth) 1996''. Bargaining agent's fees were politically contentious as they were seen as a form of compulsory union dues. They were expressly prohibited by the Parliament of Australia by the Workplace Relations Amendment (Prohibition of Compulsory Union Fees) Act 2003 No. 20, 2003 and then subsequently by the WorkChoices legislation. Decision The High Court decided 6 judges to 1 (Kirby J dissenting) that only matters that "pertained to the relationship between employer and employee" could be placed in an enterprise bargaining agreement. Bargaining agent's fees ...
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